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202104148 connection herewith, or to any other obligations of Borrower and/or Guarantors to Lender, or the lending arrangements between Lender and Borrower. 12. Borrower further acknowledges and agrees that the Lender is specifically relying upon the representations, warranties, and agreements contained herein and that this Agreement is being executed by Borrower and delivered to Lender as a material inducement to the Lender to forbear from exercising contractual remedies available to Lender, including foreclosure, attachment, and prosecution in collection of the outstanding indebtedness under the Note and all security interests, encumbrances, liens, deeds of trust, mortgages and other collateral given as security therefore. 13. Borrower represents and warrants to Lender that no Event of Default, or default exists under the Note, the Mortgage, the Loan Documents, or any other documents evidencing or securing the Loan as of the date hereof. 14. This Agreement shall not be deemed to constitute an alteration, waiver, annulment, or variation of any of the terms and conditions of the Note (as heretofore amended), the Mortgage, the Loan Documents, or any other documents evidencing or securing the Loan except as expressly set forth herein. Any term or condition of the Note, the Mortgage, the Loan Documents, or any other documents evidencing or securing the Loan that is inconsistent with this Agreement is deemed modified to be consistent herewith. If, for any reason, this Agreement is invalid, the Note shall be enforceable in accordance with its original form as heretofore amended. 15. No amendment, modification, supplement, termination, consent or waiver of any provision of this Agreement, nor consent to any departure therefrom, will in any event be effective unless the same is in writing and is signed by the party against whom enforcement of the same is sought. Any waiver of any provision of this Agreement and any consent to any departure from the terms of any provision of this Agreement is to be effective only in the specific instance and for the specific purpose for which given. 16. Captions contained in this Agreement have been inserted herein only as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provisions hereof. 17. For purposes of executing this Agreement, a document (or signature page thereto) signed and transmitted by facsimile machine or telecopier is to be treated as an original document. The signature of any party thereon, for purposes hereof, is to be considered as an original signature, and the document transmitted is to be considered to have the same binding effect as an original signature on an original document. At the request of any party, any facsimile or telecopy document is to be reexecuted in original form by the parties who executed the facsimile or telecopy document. No party may raise the use of a facsimile machine or telecopier or the fact that any signature was transmitted through the use of a facsimile or telecopier machine as a defense to the enforcement of this Agreement or any amendment or other document executed in compliance with this Paragraph. 5 77472029.1 77479099 4